with an agg. assult with a deadly weapon, do the people have to press chages for the 2nd degree felony to stick or not? what is he looking at jail etc

my cousin hit 2 cars and tried to run over 2 people this is his first offense and he lives in texas.

Asked on May 15, 2009 under Criminal Law, Texas


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What criminal charges are pressed is usually up to the prosecutor.  That decision is ordinarily based on all the circumstances and what can be proved by reliable witnesses.  The prosecutor will also have an opinion about how dangerous the defendant is, and how important it seems to have the person locked up.

I suspect your cousin is looking at some very serious trouble here.  Unless people trying to turn other people into road kill is relatively common in his town, the fact that it's his first offense might not make a big difference on this one.

Your cousin needs a good lawyer.  One place to look for qualified defense counsel, in your area, is our website, http://attorneypages.com

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